Ex-polytechnic student walks free after judge bins 3.4kg drug trafficking charge, says key witness not credible

KUALA LUMPUR, May 15 — The High Court today acquitted and discharged a former polytechnic student of a charge of trafficking 3,404 grammes (3.4 kilogrammes) of cannabis two years ago.

Judge Datuk Azhar Abdul Hamid made the ruling after finding that the prosecution had failed to establish a prima facie case against Harith Izzuddin Mohd Hanizam, 23, at the end of its case.

In delivering his decision, Azhar said the court found that the prosecution had relied on the testimony of the fourth prosecution witness (SP4), the complainant who is also a police officer, to prove the element of possession.

“The witness’ testimony is doubtful as he did not tell the truth about what happened after the accused and the case items (drugs) were brought to the police station after the arrest.

“The court found that SP4 was not a credible witness. I therefore ruled that the prosecution had failed to prove the element of possession,” he said, adding that no direct evidence was presented to establish that trafficking had occurred.

Azhar said SP4 had claimed that he was always at the police station during the interrogation of the accused, but the testimony of SP5, the investigating officer in the police report submitted by the defence, proved otherwise.

“Therefore, I ruled that the prosecution had failed to prove a prima facie case against the accused. With this, the accused is discharged and acquitted of the charge,” he said.

Five prosecution witnesses were called to testify in the trial, which began last Wednesday (May 13).

Harith Izzuddin was charged with trafficking the drugs at the lobby of a hotel along Jalan Kuching Batu Caves in Sentul here on Feb 26, 2024.

The charge was framed under Section 39B(1)(a) of the Dangerous Drugs Act 1952 and is punishable under Section 39B(2) of the same Act, which provides for the death penalty or life imprisonment, and whipping of not less than 12 strokes upon conviction.

Deputy Public Prosecutor Wan Ahmad Hijrah Wan Abdullah appeared for the prosecution, while Harith Izzuddin was represented by counsel Datuk Geethan Ram Vincent. — Bernama